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High Court of DelhiW.P.(CRL)/2077/2025

Sonu v. State NCT Of Dlehi And ANR

2025-07-09Hon'Ble Mr. Justice Subramonium Prasad,Hon'Ble Mr. Justice Harish Vaidyanathan Shankar2 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2077/2025 SONU .....Petitioner Through:

Mr. Aditya Agarwal, Advocate.

versus STATE NCT OF DLEHI AND ANR .....Respondents Through:

Mr. Sanjay Lao (Standing Counsel (CRL)) with Mr. Abhinav Kumar Arya, Ms. Priyam Agarwal, Mr.

Aryan Sachdeva Advocates SI Sachin, Insp Harkesh Mr. Jitendra Kumar, Advocate for Respondent No.2

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 09.07.2025 CRL.M.A. 19384/2025 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 2077/2025 1.

The instant petition under Article 226 of the Constitution of India has been filed by the Petitioner in the nature of Writ of Habeas Corpus stating that 03 children of the Petitioner are in illegal custody of his wife i.e., Respondent No.2.

2.

Material on record indicates that a Guardianship Petition being G.P. No.17 of 2025 has already been filed by the Petitioner before the Family The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/07/2025 at 11:42:55

Court, North District, Rohini, Delhi for custody of the children. 3.

This Court is of the opinion that the present petition is completely an abuse of the process of law and seems to have been filed only to ascertain the address of the Respondent No.2/wife for effecting service on her in the abovementioned Guardianship Petition. This Court is not inclined to entertain the present petition which is actually a Guardianship Petition in the guise of Habeas Corpus petition.

4.

However, in view of the facts of this case, this Court is not inclined to impose costs on the Petitioner.

5.

The petition is accordingly dismissed, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J.

HARISH VAIDYANATHAN SHANKAR, J.

JULY 9, 2025 Prateek/SZ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/07/2025 at 11:42:55